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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of July 19, 2016 No. 19

About exceptional case of illegality of some instructions of the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance and Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006 (pension payment in retroactive procedure) (the address No. 67g/2016)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Victor of Pop,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Eudzheniu Osipov,

in view of the address provided and registered on June 7, 2016

having considered the specified address in open plenary meeting, considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree:

Points of order

1. The address about exceptional case of illegality of some instructions of the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance and Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006 provided according to the petition of the lawyer Dorin Chimil within case No. 2a-698/16, of Belts considered by Appeal chamber formed the basis for consideration of the case.

2. The address was brought into the Constitutional court on June 7, 2016 by judicial structure of Appeal chamber of Belts on behalf of Tatyana Duca, Prokopcuka and Elena Grumez's Stele according to provisions of Art. 135 of the h. (1) the item and) and the item g) Constitutions, in the light of its interpretation by the Resolution of the Constitutional court No. 2 of February 9, 2016, and also according to Regulations on procedure for consideration of the addresses brought into the Constitutional court.

3. Having given as the reference of Article 46, 47 and 54 h. (2) Constitutions, the author of the address asks to exercise the constitutional control of following provisions according to the procedure of exceptional case of illegality:

a) syntagmas of "the valid no more than six months in a row" h. (3) Art. 34 of the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance;

b) Art. 35 of the h. (1) the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance;

c) syntagmas "which is valid no more than six months in a row" in the second paragraph of Item 5 of the Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006;

d) syntagmas "no more than for 3 years, preceding day of the address, and not earlier than date of the termination" in Item 20 of the Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006.

4. Determination of the Constitutional court of June 14, 2016, without decision in essence, the address was acknowledged acceptable.

5. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government and the Ministry of Labour, Social Protection and Family.

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